From: FOI
Australian Sports Anti-Doping Authority

January 10, 2019

We refer to your recent request for access to documents under the Freedom
of Information Act 1982 (FOI Act), received by ASADA on 2 January 2019.

We understand your request to be for:

a copy of all search results within Global DRO (Or its
equivalent at the time) between April 8-10 2013.

For clarity we note that ASADA did not use Global DRO during the timeframe
sought by your request. The equivalent program used at the time was known
as 'Check Your Substances'. As such your request for access is understood
to be in relation to that database.

If you believe that the scope of your request has not been interpreted
correctly, please advise ASADA as soon as possible on the contact details
listed at the conclusion of this email.

Your request was received on Wednesday 2 January 2019, and the 30 day
statutory period for processing your request commences from the day after
that date. You should therefore expect a decision from ASADA by Friday 1
February 2019. The period of 30 days may be extended if we need to
consult third parties, or for other reasons. We will advise you if this
happens.

Please note that information released under the FOI Act may later be
published online on our disclosure log subject to certain exceptions. (For
example, personal information will not be published where this would be
unreasonable).

If you have any questions, please feel free to contact ASADA at
[1][email address] .

"Important: This transmission is intended only for the use of the
addressee and may contain Protected, confidential or legally privileged
information. If you are not the intended recipient, you are notified that
any use or dissemination of this communication is strictly prohibited. If
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From: ASADA Legal
Australian Sports Anti-Doping Authority

January 24, 2019

Dear Michael

Thank you for your email below amending your original request.

We understand your request to now be for results from the date range 31/03/2013 - 10/04/2013.

As mentioned below and for clarity we note that ASADA did not use Global DRO during the timeframe sought by your request and your amended request. The equivalent program used at the time was known as 'Check Your Substances'. As such your request for access is understood to be in relation to that database.

We agree that you do not have to make a new FOI request as the amendment can be accommodated without a substantial increase in the way of additional resources.

However, with the above in mind, would you be amenable to a short extension of time of 7 days to process and finalise your request as the amended scope will require some rework on our part? This would make the final date for a decision to be provided to you Friday 8 February 2019.

From: Michael

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Australian Sports Anti-Doping Authority's handling of my FOI request 'Global DRO searches from April 8-10 2013'.

While I appreciate the importance for ASADA to not only conduct investigations, but to also have the trust and confidence of athletes, I do not believe that the reasonable expectations formed to justify the use of section 47E(d) to refuse access to this document have been correctly founded.

The refused document (Document 1) is a log of search results of the “Check Your Substances” database, now known as GlobalDRO, for the period March 31 2013 - April 10 2013.
- The act of searching the database to check if a substance is permitted or prohibited in sport does not act as an admission of the use, or intended use, of the substance searched for.
- The search function is anonymous and there are no identifying details contained in the log which can trace back a search to a specific user.
- The homepage of the GlobalDRO Australian website already identifies the substances which make up the “Top 5 Searches” of the database. The results contain both prohibited and permitted substances. The publication of this top 5 list suggests that the release of search results would not be detrimental to ASADA’s functions nor that it would impact on the willingness of athlete’s to use the database with candour.
- There is a precedent for the release of this information. Pages 21-77 of FOI release # 001/2015 ( https://www.asada.gov.au/foi-disclosure-... ) contain 2,143 search results for specific search terms from the Check Your Substances/GlobalDRO database for the period June 2011 - September 2013.

"Important: This transmission is intended only for the use of the
addressee and may contain Protected, confidential or legally privileged
information. If you are not the intended recipient, you are notified that
any use or dissemination of this communication is strictly prohibited. If
you receive this transmission in error please notify the author
immediately and delete all copies of this transmission."